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Wednesday, June 20, 2012
PFT: Brees apologizes for WMD comment
APThough the NFL?s in-house appeal process doesn?t amount to a full-blown legal proceeding, the players accused of participating in the Saints? bounty program could escape responsibility on the same basis that plenty of criminal defendants do.
By relying on a technicality.
As Article 46 of the Collective Bargaining Agreement goes, there aren?t many technicalities in the appeal process.? Here?s one of them, from Article 46, Section (f)(ii):? ?In appeals under Section 1(a), the parties shall exchange copies of any exhibits upon which they intend to rely no later than three (3) calendar days prior to the hearing.? Failure to timely provide any intended exhibit shall preclude its introduction at the hearing.?
Key language:? Failure to timely provide any intended exhibit shall preclude its introduction at the hearing.
Key word:? Shall.
As every law student learns when studying ?civil procedure? (i.e., the rules for litigating cases), the word ?shall? always should (or, I suppose, ?shall?) be regarded as a red flag.? It conveys a mandatory requirement.? No discretion.? No exceptions.? No wiggle room.
Here, failure to deliver the exhibits on time ?shall? prevent them from being used at the hearing.
Commissioner Roger Goodell previously scheduled the hearing in the bounty case for 10:00 a.m. ET on Monday, June 18.? The NFL delivered its packet of 16 exhibits to the NFLPA at roughly 1:30 p.m. ET on Friday, June 15.
Three calendar days prior to the hearing translates, in the normal sense of the term, to at least 72 hours before the hearing.? Actually, it could reasonably be argued that the exhibits were due by 11:59 p.m. on Thursday, June 14, since that would have given the players ?three calendar days? (Friday, Saturday, and Sunday) to digest the evidence and prepare accordingly.
So by failing to deliver the materials before 10:00 a.m. ET on Friday, June 15, the plain language of the CBA (i.e., ?shall?) prevents the materials from being introduced at the hearing.
Since the NFL?s entire cases consisted of the 16 exhibits plus comments from outside counsel Mary Jo White regarding their meaning, the failure to deliver the documents by 10:00 a.m. ET on June 15 could get all suspensions thrown out by a court that eventually reviews Commissioner Roger Goodell?s inevitable decision to uphold the penalties he previously crafted.
Is it a harsh outcome?? It sure is.? But it?s the outcome that the CBA mandates if the exhibits aren?t delivered on time, and it?s an outcome that easily could have been avoided by determining the earliest possible point at which the three-day window may close and making sure that the exhibits were in the hands of the NFLPA before that moment.
Thousands of lawyers throughout the country routinely apply that concept in a wide variety of proceedings and contexts.? The fact that the NFL has full control over the appeal process doesn?t mean that the NFL has the power to disregard the clear, unambiguous terms of the limited rules that apply.
Despite a report that the players asked for the hearings to be adjourned in order to have the benefit of the full 72 hours, the official transcript indicates that NFL general counsel Jeff Pash delayed the hearing to ensure compliance with the rule.? But if any delay in the commencement of the hearing time can be used to cure the failure to deliver the exhibits on a timely basis, the clear consequences of the rule can be avoided in any hearing in which the NFL delivered the exhibits late.? Regardless of when the exhibits were tendered, the Commissioner can simply press the pause button until the 72-hour window between the disclosure of the exhibits and the start of the hearing has passed.
That?s probably not what the rules envision.? And whoever failed to ensure that the exhibits were delivered at least 72 hours before the start of Monday?s hearing probably will be spending some time in the coming weeks and months gnawing on Tums while obsessing over the manner in which this one may play out.
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Anyone use Windows Live Messenger?
Hey guys,
With the increasing number of people using facebook I've noticed my list start to die down quite a bit. While we probably can't post our email addresses in public we can always PM each other. So if you're interested in having more contacts on messenger send me a PM and I'll provide you with my messenger addresss. I need more Sonic/Sega fans on there! and hopefully some PC gamers as well
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Tuesday, June 19, 2012
Summer Solstice Brings Changing Seasons Wednesday
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Monday, June 18, 2012
Socialist election sweep gives Hollande clear mandate to push eurozone growth
The Socialist party and its allies garnered more than enough seats for an absolute majority in parliament, allowing French President Fran?ois Hollande to pursue his policies full-throttle.
French President Francois Hollande attends a ceremony to mark the 72nd anniversary of General Charles de Gaulle's appeal of June 18, 1940, at the Mont Valerien memorial in Suresnes, outside of Paris, June 18.
Bob Edme/REUTERS
EnlargeThe French Socialists and President Fran?ois Hollande won a resounding victory in the final round of parliamentary elections last night, giving Mr. Hollande a clear field to champion growth policies during a euro crisis that has emphasized German-led austerity.
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The Socialists and affiliates won some 300-307 seats in the National Assembly, far exceeding the 289 required for an outright majority, and giving the Socialists, a party declared moribund four years ago, its best position in France since the 1980s.
?Full Power for Mr. Hollande,? the banner head in Le Monde shouted out today.
Socialist senior ministers said today they would immediately roll up their sleeves to implement a delicate mixture of cuts and tax reforms to achieve both a balanced budget and more support for jobs and schools.
Hollande, elected May 6, has already tweaked France?s new age-62 retirement policy to allow those starting work at 18 to retire at 60, for example. But the new government has largely waited on the result of two rounds of lower house elections this month to swing into action. ?
The election outcome leaves the Socialists with the presidency, the senate and the lower house, as well as 21 of 22 regions and many of the largest cities.?In addition, Socialist allies, including the Green party, surged to some 20 seats, making them proportionally the biggest winner of yesterday's poll.
?It was important to offer Hollande a large majority to make concrete the results of the presidential elections,? Socialist lawmaker J?r?me Guedj said last night as the results became clear.
The French right, represented mainly by former president Nicolas Sarkozy's United Movement for a Popular Front, tallied between 215-221 seats.?
New ruling party interior minister Manuel Valls vowed that no time will be wasted in moving forward.
"We need to sort out this country's finances, to ensure we achieve a balanced budget by 2017, and at the same time pursue our priorities in terms of growth, employment, education, and security," he said, according to Reuters.
?Other notable election outcomes:
- The far right National Front of Marine Le Pen won its first seats (2) since the 1980s, with one going to Ms. Le Pen?s niece, law student Marion Marechal-Le Pen. But the flamboyant Ms. Le Pen lost her bid for a seat in a closely contested race in Henin-Beaumont, a former mining region in the north. The National Front won 18 percent in the presidential race and is now the No. 3 party here.
- Former Socialist presidential candidate S?gol?ne Royal lost a bitterly contested seat in La Rochelle. Ms. Royal, the former partner of Hollande and mother of his children, sought the seat over and against a popular local Socialist who refused to step aside. While the Socialist establishment, including Hollande, supported Royal, Hollande's current partner, Valerie Trierweiler, last week Tweeted her support of Royal's opponent, setting off a wave of media reaction and cafe-chat intrigue here.
- Francois Bayrou, leader of France?s main centrist party Modem, was not restored to his seat. Mr. Bayrou was a popular figure on the center-right in 2007, but analysts say he might have been harmed by his endorsement of Hollande in the presidential run-off and his criticism of Mr. Sarkozy?s play for far-right voters during the presidential campaign.
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Parties are worlds apart on how to fix economy
Republican presidential candidate, former Massachusetts Gov. Mitt Romney, gestures during a campaign stop at Monterey Mills on Monday, June 18, 2012 in Janesville, Wis. Democratic and Republican candidates agree that the economy is everything in this election. (AP Photo/Evan Vucci)
Republican presidential candidate, former Massachusetts Gov. Mitt Romney, gestures during a campaign stop at Monterey Mills on Monday, June 18, 2012 in Janesville, Wis. Democratic and Republican candidates agree that the economy is everything in this election. (AP Photo/Evan Vucci)
WASHINGTON (AP) ? Millions of Americans are desperate for work, runaway government spending clouds the future and Democratic and Republican candidates are busy making one thing clear: They're light years apart on what to do about it.
They do agree that in this election, the economy is everything. President Barack Obama calls it "the defining issue of our time." But for voters wishing Washington would come together in a time of crisis, Obama, his Republican rival Mitt Romney and their congressional allies don't offer much hope
Instead, they've taken to describing the gulf on economic policy in galactic terms. Romney must be "on a different planet," an Obama adviser declares. The president is "living in an alternative universe," the Republican Party chief says.
On planet Republican: The economy is backsliding, and the president is to blame. His stimulus spending did more harm than good, and his big-government rules are strangling businesses. The answer is repealing health care, energy and financial regulations and cutting taxes. That should spark investment and create jobs. Tackling the deficit requires huge spending cuts, just not at the Pentagon. The unsustainable guarantee of Medicare and Medicaid must change.
In the Democratic universe: The economy's slowly improving, thanks to government spending that helped fend off a depression. Another dose of targeted spending will help. Republican policies in the Bush administration ? cutting taxes and eliminating rules ? brought on the financial crisis and budget deficits. The rich should help dig us out by paying higher taxes. The Pentagon's budget must be cut, but entitlement spending can be controlled without drastically altering the social safety net.
"These two positions are almost diametrically opposed to each other," said Sung Won Sohn, a California State University economics professor. "And there's no common ground it seems."
They can't both be right.
How do voters decide which economic world they're living in?
You could try asking an economist.
Republicans and Democrats alike offer up prominent names ? many still arguing the supply-siders versus Keynesian debates that heated up during the Reagan administration. Did President George W. Bush's tax cuts boost the economy or just pile up more debt? Was Obama's $831 billion stimulus worthwhile or wasted money?
"Our economy is too complex, too complicated. No one knows for sure what the right answer is," Sohn said. "Economists are the first ones to admit we've been wrong many, many times."
This time, the stakes are high.
Recovery from the financial meltdown and 2007-2009 recession has been slow. Not even half of the 8.8 million jobs that were lost have come back. States and cities are still laying off workers. Unemployment hovers at 8.2 percent. Even for those with jobs, wages and net worth haven't recovered. Europe's troubles pose new threats.
More problems are ahead: Annual deficits of more than a trillion dollars per year have piled up $15.7 trillion in national debt. The crush of baby boomer retirees over the next two decades threatens to ruin the nation's finances, unless politicians slow spending on Medicare and Social Security.
Anxiety about the mushrooming national debt, exacerbated by bank bailouts and stimulus spending, fueled the tea party movement that helped Republicans win control of the House in 2010. That set off a series of showdowns with Obama over taxes, spending and the federal debt ceiling.
The ongoing brinkmanship has unsettled Wall Street investors, business owners timid about hiring and plenty of voters, too. Three-quarters of Americans say the federal government is too divided along party lines. Only 20 percent think it can usually work together to get things done, according to a Pew Research Center poll conducted in April.
A glimmer of Washington cooperation would make a big difference for the economy right now, said Mark Zandi, chief economist at Moody's Analytics.
"If they could signal that they would be willing to work together to do something substantive and helpful," he said, "it could ease the collective psyche and help soothe nerves."
So far, no one's signaling a congressional kumbaya to come after the November elections.
Instead, Obama is telling voters they can break the stalemate by electing Democrats. That's a longshot ? an Obama win would be unlikely to sweep Democrats into control of the House. If elected, Romney is considered more likely to enjoy a kindred Congress. But Democrats would probably hold onto enough Senate seats to impede Romney's agenda under that chamber's rules.
Times of war bring the nation together; maybe economic peril can do the same. Are voters scared enough to push for action?
"People like low taxes. People like small government," said David Wyss, former chief economist for Standard & Poor's. "But then they want their Social Security and Medicare, and a strong Defense Department, and getting the airport and the roads built in their city. Nobody's willing to tell them they can't have it both ways."
Sohn, who's been following these debates since serving as an economist for Richard Nixon's White House, said the problems are too dire this time to allow politicians to hide behind their partisan differences.
"In this situation, the worst thing you can do is to cause gridlock by trying to stick to your economic philosophy," he said. "We want to make sure the economic ship stays afloat. If the ship sinks, all this argument is for naught."
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Toyota's newest electric car is just for the kids
How can we get the next generation driving clean, green electric cars? Toyota thinks it has come up with a creative solution of its own, rolling out a new three-seat electric concept car that the kiddos can drive.
A visitor looks at a concept of the Camatte electric car displayed by Toyota Motor Co. for children to drive during the International Tokyo Toy Show in Tokyo Friday, June 15, 2012. Toyota thinks these concept cars may encourage a new generation of green car drivers.
Koji Sasahara/AP
EnlargeIf children are the future, then how do we get them driving clean, green electric cars??
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It?s a question we?ve thought a lot about, but Toyota thinks it has come up with a solution, with a new three-seat electric concept car that your kids can drive.?
As Automotive News (subscription required) details, the tiny car was unveiled this week at the Tokyo Toy Show, and measures 106 inches long, 51 inches wide and 47 inches high.
That?s actually a little longer and wider than the road-legal 2012 Renault Twizy we tested in Ibiza earlier this year. Unlike the Twizy however, the Toyota Camatte isn?t road legal.
Powered by a lead-acid battery and small electric motor, Toyota says the Camatte can reach a top speed of 25 mph, about 20 mph faster than the toy ride-on electric cars you can buy at the local toy store and fast enough to give most parent a panic attack.
With that in mind, Toyota has thought about safety with an unusual feature that will gain it some parental approval: back-seat driver function.
If you?re able to squeeze yourself into one of the two offset rear seats behind the centrally-positioned drivers? seat, rear-seat parental controls allow you to provide assisted braking and steering when needed.?
While the Toyota Camatte may only be a concept car at present, Toyota, like many other automakers, is seriously looking at using high-end, high-ticket toys to encourage children of more affluent patrons to stick with the brand when they are old enough to drive their own car.?
We have to admit we like the Camatte?s retro-styled charm and zero-emissions drivetrain, but would you buy one for your kid?
The Christian Science Monitor has assembled a diverse group of the best auto bloggers out there. Our guest bloggers are not employed or directed by the Monitor and the views expressed are the bloggers' own, as is responsibility for the content of their blogs. To contact us about a blogger,?click here.?To add or view a comment on a guest blog, please go to the blogger's own site by clicking on the link in the blog description box above.
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